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Minutes of the Regular Council Meeting, January 11,1988 Page 2 KEM MILLING (Cont'd) Mayor Woodburn commented that it was his opinion that Council should be hiring a consultant and enforcing the rules; he would prefer to hear from Mr. Liefert, of the MPCA, what they plan to do to enforce regulatione set forth in their permit. He also advised it would be helpful to know how rules we would incorporate into our agreement now, which are the same as the MPCA, could be enforced by Arden Hills. 4It Lynden reviewed the following suggestions for enforcement: 1. Abatement; which means they are given an opportunity to correct violations within a specified period of time, and if corrections are not made by that time specified in the notice or by ordinance, the City or a third party would do the corrective work and file a lien against the property. The City could then proceed to foreclose the lien and collect the money; 2. Impose Fine; could be imposed on a daily basis for each day the violation exists; and, 3. Revocation or Suspension of ' the license or permit. ~ouncilmember Hansen commented that the neighbors want the odor to cease; she discussed the testing process. Hansen stressed the importance of the Ci~y having some control over the final agreement with Kem Milling and that the controlling bodies be limited to epecific officials. Councilmember Winiecki questioned if the City should be trying to work with the Kem Milling representatives to reach an agreement or if the Council ehould direct their efforte toward drafting an Ordinance, outlining requirements as have been previously discussed. Mr. Johnson, Attorney for Kem Milling, requested a copy of the Attorney's letter. . Johnson reviewed the reasons for opposing the proposed agreement; unlawful delegation, too much testing and too costly. Johnson advised that initially there was no law that required the rendering plant to sign an agrement with the City, it was done in an effort to accommodate the City of New Brighton. He advised that an independent consultant has been hired by Kem Milling to review plant operations; Johnson also commented that they had signed the previous agreement in August of 1987. Johnson stated that they are not opposed to reaching an agreement; however, the proposed agreement being discussed this evening is not acceptable. Johnson pointed out that they are not opposed to the inspections, by law the plant has to be open to MPCA and other officials, however, they wanted to insure the inspections were being done while someone was there-and that OSHA rules were being followed. Also, he advised some of the problems have nothing to do with the stacks, products or staff negligence or another plant could be causing the violations. There was discussion as to whether or not the Attorney could draft an Ordinance incorporating Some of the prime provisions of the agreement that would be defendable in Court, or if discussions should begin to reach an agreement with representatives of Kem Milling and the City. ~ Attorney Lynden favored meeting with Kem Milling representatives to try to reach a satisfactory agreement with the City and Kem Milling. Attorney Johnson was not opposed to discussion, however, he advised that the Company did not favor computer modeling testing. Mayor Woodburn disagreed; it was his opinion that the Ordinance should be drafted and enforced. Lynden suggested that he would prefer to research the Ordinance draft further; although New Brighton has such an Ordinance the problem continues in that City. He noted the Ordinance could include some of the regulations in the agreement and the MPCA rules, would refer to a license or permit fee, to be established by Resolution, and provision for penalty or make reference to the general penalties established in the Arden Hills Code. Winiecki commented that she favored reaching an agreement with Kem Milling and ultimately working on an Ordinance; reviewed points of discussion - reasonable business hours or reasonable notice for inspections, individuals designated by the City for inspection purposes to be clarified, number of tests, permit fee could cover number of tests, plant notification to the City of equipment breakdowns would be useful, consultant retained by the plant, and computer modeling, which may be required by MPCA. .